14

REPORT TO CABINET
21 October 2008

TITLE OF REPORT: Decriminalised Parking Enforcement (DPE) –

Annual Report 2007/08

REPORT OF: Derek Quinn, Group Director, Development and Enterprise

Purpose of the Report

1. To inform Cabinet of the content the Decriminalised Parking Enforcement Annual

report prepared detailing the Council’s parking enforcement arrangements between
July 2007 and 31 March 2008 and to seek approval for its submission to the
Department of Transport.

Background

2. Gateshead Council was designated a Decriminalised Parking Authority by Order made

under the Road Traffic Act 1991, and as such has been undertaking civil enforcement
of parking/ waiting restrictions since July 2007.

3. Under Section 55 of the Road Traffic Regulation Act 1984, as amended by the Traffic
Management Act 2004, all English authorities must publish a report of all income and
expenditure in designated (i.e. on-street) parking spaces which are in a Civil
Enforcement Area, and of their income and expenditure related to their functions as an
enforcement authority. Part 6 of the Act was introduced on 31 March 2008 and while a
report under this Act is not needed until 2009, it is considered best practice to do so
this year as it will set the scene for what will be required to be provided in the future.

4. The Department for Transport statutory guidance relating to the operation of a Civil
Parking Enforcement regime recommends that local authorities annual reports should
include the following information.

Financial

• Total income and expenditure on the parking account kept under section 55 of the
Road Traffic Regulation Act 1984 as modified by regulation 25 of the Civil
Enforcement of Parking Contraventions (England) General Regulations 2007 (see
paragraph 116 above).
• Breakdown of income by source (i.e. on-street parking charges and penalty
charges)
• Total surplus or deficit on the parking account
• Action taken with respect to a surplus or deficit on the parking account
• Details of how any financial surplus has been or is to be spent, including the
benefits that can be expected as a result of such expenditure.
 Statistical

• Number of higher level Penalty Charge Notices (PCNs) issued (The new legislation
introduced on the 31 March 2008 introduced differential parking penalties
depending on the seriousness of the contravention. This is not applicable for this
report)
• Number of lower level PCNs issued (As above)
• Number of PCNs paid
• Number of PCNs paid at discount rate
• Number of PCNs against which an informal or formal representation was made
• Number of PCNs cancelled as a result of an informal or a formal representation is
successful)
• Number of PCNs written off for other reasons (e.g. Parking Attendant error or driver
untraceable)
• Number of vehicles immobilised (Not applicable in Gateshead)
• Number of vehicles removed (Not applicable in Gateshead)

Performance

• Performance against any parking or DPE/CPE targets.

5. Where an authority makes a surplus on its on-street parking charges and on- street
and off-street enforcement activities, any surpluses being ring fenced under Section 55
(as amended) of the Road Traffic Regulation Act 1984, to improve certain parking,
public transport and highway related matters.

6. Regulations and guidance confirm that in respect of off-street parking places i.e. car
parks), the term ‘’income and expenditure as enforcement authorities’’ includes that
related to the issue of PCN’s. It does not, for example, include pay and display or
permit/season ticket income or the direct expenditure relating to collecting that income.

Proposal

7. The provision and management of parking is an important function undertaken by the

Council. Issues around parking are the subject of intense public interest from the scale
of public provision to supporting the economic activity, to the desire of a resident to
park in the street near their home. The Council have a pivotal role in the provision,
management, regulation and distribution of parking.

8. The annual report is intended to explain to the public and stakeholders how the
service is managed in Gateshead and to provide information regarding its
performance. Reporting is an important part of accountability, as the transparency
given by regular and consistent reporting helps the public understand and accept
Decriminalised (now Civil) Parking Enforcement. A copy of the full Annual Report is
available upon request.
 Recommendations

9. It is recommended that Cabinet: -

i) Note the summary of the Annual Report as outlined in appendix 1.

ii) Authorise the Head of Transport and Highways to submit a copy of the report to
the Department of Transport and publish a copy on the Council website.
CONTACT: Garry Hoyle extension 3105 PLAN REF: 2828
 APPENDIX 1

Policy Context

1. Effective Civil Parking Enforcement supports the vision for Gateshead as set out in the
Sustainable Community Strategy Vision 2030 and the Council’s Corporate Plan. In
particular it supports the Corporate Priority for improving accessibility, connectivity and
economic prosperity by attracting more people to live, work, visit and study in
Gateshead.

Background

2. Gateshead Council was designated a Decriminalised Parking Authority by Order made

under the Road Traffic Act 1991, and as such has been undertaking civil enforcement
of parking/ waiting restrictions since July 2007.

3. Under Section 55 of the Road Traffic Regulation Act 1984, as amended by the Traffic
Management Act 2004, all English authorities must publish a report of all income and
expenditure in designated (i.e. on-street) parking spaces which are in a Civil
Enforcement Area, and of their income and expenditure related to their functions as an
enforcement authority. Part 6 of the Act was introduced on 31 March 2008 and while a
report under this Act is not needed until 2009, it is considered best practice to do so
this year as it will set the scene for what will be required to be provided in the future.

4. The Department for Transport has issued statutory guidance relating to the
operation of a Civil Parking Enforcement regime and information that should be
included in annual reports. A summary of the annual report is set out in the
attached annex.

Consultation

5. The annual report has been considered by the Cabinet Members for Economy Housing
and Transport.

Alternative Options

6. The Council could choose not to publish its parking enforcement information until next
year, however the public may express concern that it was not being transparent in
delivering this function.

Implications of Recommended Option

7. Financial Implications – The Strategic Director, Finance & ICT confirms that there
was a deficit of around £9,000 on the Decriminalised Parking Enforcement scheme in
2007/08 as set out in the report.

8. Risk Management Implication – The main risk associated with the regime is that the
authority will be unable to achieve financial sustainability.
9. Human Resources Implications - There are no direct Human Resources implications
arising from this report.

10. Equality and Diversity Implications - Effective enforcement of the disabled facilities
will make business, retail and leisure areas more accessible to disabled drivers.

11. Crime and Disorder Implications - Effective enforcement of the waiting restrictions
will reduce the levels of abuse and contribute towards a reduction in disorder and
disruption throughout the borough.

12. Sustainability Implications – Civil Parking Enforcement schemes increase the level
of enforcement that can be carried out, which in turn facilitates the safer movement of
traffic in town centres. Effective enforcement can also lead to a decrease in
congestion and consequent pollution.

13. Human Rights Implications - There are no direct Human Rights implications arising
from this report.

14. Area and Ward Implications - All.

Background Information – Annual Parking Enforcement Report for the period 02 July
2007 – 31 March 2008 (Full report available in the Members Library).
 Annex

SUMMARY OF ANNUAL REPORT

FINANCIAL PERFORMANCE

The financial operation of a DPE system is broken down into two distinct elements
namely costs (expenditure) and income (revenue). The balance of these two
elements identifies whether the scheme will be sustainable in the medium to long term.

Costs are broken down into three areas:

• Capital Expenditure – Fixed elements irrespective of size and design. These

include scheme design (SPA, Contracts, etc), media campaign, streetworks.
• Revenue Expenditure – Fixed elements irrespective of size and design. These
include enforcement software maintenance, printing, Adjudication Service, DVLA
tracing charges.
• Revenue Expenditure – Variable elements depending upon the size and design.
These include Notice Processing and Parking Attendant costs.

The Capital set up costs, which included all Capital Expenditure and most fixed
elements of Revenue Expenditure, was £266,266, which was a direct cost to the
council. The initial set up costs of the service was derived from capital resources
allocated through the Local Transport Plan.

The actual set up costs exceeded the budgeted estimate of £218,000 as the council
had to make further amendments to statutory documentation and materials during
March 2008 in line with new legislation which came into force on the 31 March 2008.

Parking Services Revenue Budget

In accordance with the legislation, this does not include Pay and Display Income from
Car Parks.

The following table gives a breakdown of the Parking Budgets and year-end outturn.
Parking Account (02 July 2007 - 31 March 2008)
pursuant to s.55 of the Road Traffic Regulation Act 1984 (as amended)

ITEM £

Income
Penalty Charges (On-street Contraventions) 157,319
Penalty Charges (Off-street Contraventions) 111,222
Pay & Display / Meters (On-street only) 55,180
(Inclusive of £15k
Residents' & Visitors' Permits 22,902 contribution from NHS Trust)
Other non-PCN income 6,122
Total Income 352,745

Expenditure
£5,719 funded from Capital
NPAS (now TPT) 0 budget this period *
TEC (Northampton CC) 0
DPE Salary Costs 303,255
PA Uniforms, Hand-held Computers,
Printers 18,700
Transportation 11,466
Security/Cash Collection (Private
Contractor) 28,370
£437 funded from Capital
DVLA 0 budget this period *
Total expenditure 361,791

Surplus / (Deficit) -9,046

* To assist the financial management of the service in the first 9 months of operation, it
was decided at the commencement of the new service that these costs would be
included in the Capital Set up Costs. In future, TPT and DVLA cost will be charged to
the Parking Revenue Account.

The deficit of £9,046 was funded from other parking revenue resources.

STATISTICAL PERFORMANCE

Off Street Penalty Charge Notices

A total of 3,687 PCN’s were issued within Gateshead Council managed car parks in
the period 02 July 2007 – 31 March 2008)
In the first three months of operation, staff undertaking the parking enforcement
operation were not fully resourced. The Council were committed to ensuring that we
delivered a much more visible parking enforcement deterrent on-street than was
previously offered by the Police. As such, when developing the initial deployment
strategy we allocated less priority to the car parks.

The report includes:

• A graph gives the month by month breakdown of PCN’s issued in Off-street

locations.
• A table detailing the total PCN’s issued within each car park
• A table detailing the reasons for the issue of a PCN.

On Street Penalty Charge Notices

A total of 5,364 PCN’s were issued in the period 02 July 2007 – 31 March 2008) in
respect of on-street offences.

Similar to the Off-street situation, but possibly for different reasons, the graph in
appendix D shows a marked increase in the number of PCN’s issued from October
2007. Whilst the reduced number of enforcement officers in the first few months was a
contributory factor, the levels of parking compliance in certain areas did fluctuate
considerably once effective enforcement action was carried out. It took 3 months to
develop an effective deployment strategy that ensured that those areas that
experience the greatest levels of abuse were monitored efficiently.

Close to 40% of the PCN’s concerned the contravention of waiting or loading

restrictions

The report includes:

• A graph gives the month by month breakdown of PCN’s issued in On-street

locations.
• A table detailing the reasons for the issue of a PCN.

Cancellations

11% of all issued PCN’s were cancelled in the period 02 July 2007 – 31 March 2008).
Of these, the single biggest reason for cancellation was that a valid pay and display
ticket had been produced where the one in the vehicle could not be clearly seen.

The report includes:

• A graph showing the month by month breakdown of PCN’s cancelled.

• A graph showing the above as a percentage of the number of PCN’s issued.
Payment Stage

Due to the limited time that the service has been operating and the legislative timeline
that must be followed when processing a penalty charge, this information is of limited
value. It does give an indication however of the number of PCN’s that are paid at the
Discounted Rate (50%) and it will be interesting to see if this trend continues in future
years.

Challenges, Representations and Appeals

A Challenge is an informal objection to the Council about the issue of a PCN received
before the issue of the Notice to Owner (formal notice of the debt). A Representation
is a formal challenge (after the issue of the Notice to Owner) in accordance with the
1991 Road Traffic Act to the issue of a PCN. Only when a Representation is rejected
may a motorist appeal to the National Parking Adjudication Service (now the Traffic
Penalty Tribunal) for an independent decision. The grounds upon which a
Representation may be made are limited by law but any Representations or
Challenges that are received will be considered fully, reasonably and in accordance
with the Council’s appeal protocols.

Of the 9,051 PCN’s issued for parking contraventions in On-street and Off-street
locations in Gateshead during 02 July 2007 – 31 March 2008, only 8 had reached the
point of an appeal before NPAS by the 31 March 2008.

4 of the appeals were dismissed by NPAS, with the adjudicator deciding in favour of
the Council.

The Council chose not to contest 3 of the cases, as further evidence was presented to
NPAS that was not available at the time that the appellant’s Representation was
considered by the Council. If this information had been submitted with the
Representation, it is likely that the Council would have cancelled the PCN at that stage.

NPAS allowed 1 of the appeal, with the adjudicator deciding in favour of the appellant.

PERFORMANCE INDICATORS (02 July 2007 – 31 March 2008)

The indicators of success should be based on measurements of the effectiveness of

enforcement as a deterrent and the efficiency and the application of the processes.

Due to the limited time that the service has been operational however and bearing in
mind that both the enforcement and Notice Processing teams were not fully resourced
until the end of January 2008, the only measure of performance available is the
number of PCNs issued by Parking Attendant shift. The report includes a table
indicating a week by week breakdown.